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Can I amend my filed uncontested divorce in Tennessee?

Sevierville, TN | May 24, 2012 7:05pm

I filed a no fault divorce he is now refusing to sign papers. I am trying not to have to pay a lawyer for financial reasons. He has committed adultery and has a lengthy criminal record including charges for domestic assault and child abuse. We have no minor children or real property except cars.

Yes. You must ask the court for leave to file an amended Petition for Dissolution. I assume you now want to put in grounds of adultery, abuse and violence. You can visit your local law library for help wording the grounds properly for your state. If there is abuse and violence you may need a restraining order against him. Please contact the local bar association to get information for what you can do to get one. They should have resources to help you.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

Asker

Posted May 24, 2012 9:10pm

Thank you very much for the information. I was told by the judge that unless he agrees to sign that I had to file an amendment with inappropriate marital conduct as my reason. I have factual information on the domestic issues. The woman he had an affair with which he denies is willing to under oath testify that the affair was on and off for almost 6 years. I'm praying this will work so I can start rebuilding my life.

Yes, you can ask the court for leave to file an Amended Complaint for Divorce. The Amended Complaint will supersede the original complaint, so I would be sure to include the grounds of adultery, abuse and violence and anything else from the original Complaint. I suggest that you use an attorney. This is going to likely be a contested divorce, however, without children or property it may not drag too long with the proper counsel.

This is not acceptable as binding legal advice. Please feel free to call the Board of Professional Responsibility or your local bar association for a clear and independent answer regarding this question and your local bar rules.